As the HIV virus continued to spread during the 1980s and 1990s, 32 states (including Michigan) passed legislation dealing specifically with the disease. Since that time, criminal defense lawyers in Michigan have represented several inflicted persons in court for somehow spreading the virus to others. If convicted of the bio-hazardous charges against them, suspects can face substantial consequences including jail time. Such is the case of a Michigan woman, sentenced to time behind bars for failing to share her medical condition when legally required.
Police arrested the 54 year-old Michigan woman after her previous sexual partner reported her, stating that she failed to tell him that she was HIV positive. From June 2009 to January 2010, the man had intercourse with the suspect at least six times, but stopped the relationship once he discovered that she was infected with the virus. Pleading no contest to the charges against her, the woman was sentenced to serve 11 months in jail for her actions.
According to the 1998 Michigan Disclosure Law, it is illegal for an HIV positive person to engage knowingly in sexual intercourse without disclosing their medical condition to their partner first. While the state has other laws regarding the transmission of dangerous diseases, the spread of HIV is the only one considered a felony.
Experts believe the law could be abused and is unbalanced
Despite the legislation’s good intentions, many experts believe that the law could be abused, and is unbalanced. For example, sharing needles without disclosure is not criminalized by the state of Michigan, even though this is the most common form of transmission. However, sharing a sex toy without disclosure is illegal, although such a case has never been reported. The Obama Administration also recognized the imbalance, issuing the National HIV/AIDS Strategy, designed to review and change or repeal HIV-specific criminal laws across the country. According to the strategy outline, “the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of HIV transmission and may underline the public health goals of promoting HIV screening and treatment.”
Even though efforts have been made to change the legislation devoted to the HIV/AIDS virus, numerous failure to disclose laws remain in place across the country. Those accused of such charges face numerous consequences, as both a person’s freedom and reputation are at risk. To protect yourself from the serious repercussions associated with disclosure laws, it is essential to contact knowledgeable criminal defense attorneys in Michigan. Using the best legal advice and legal representation, aggressive trial lawyers will work to ensure that criminal charges do not follow you for life.